WiCCD’s Statement Against State Intimidation of Defence Counsel – May 15 2025

Earlier this week some WiCCD members brought to our attention this statement by the law firm Judson Howie, a defence firm in Fort Frances Ontario.

https://www.judsonhowie.ca/post/law-firm-denounces-practice-interference-by-police-and-prosecutors

WiCCD’s Executive has decided to lend our support to the affected firm and has released this Statement Against State Interference with defence counsel.

WiCCD’s Statement Against State Intimidation of Defence Counsel

Our Statement is a public document so please feel free to circulate it broadly, including on your social media.

Here is what it says:

WiCCD’s Statement Against State Intimidation of Defence Counsel – May 15, 2025

WiCCD supports the rights of lawyers everywhere, and particularly those working in criminal defence, to do their jobs without intrusion or threats from state actors. WiCCD is concerned by the report of intimidation by state actors of defence counsel in Fort Frances, Ontario. Judson Howie’s serious allegations of police and prosecutorial intimidation are available here: https://www.judsonhowie.ca/post/law-firm-denounces-practice-interference-by-police-and-prosecutors. 

The conduct described in the statement is extremely troubling and, if borne out, constitutes an attack on the administration of justice. We call on the Attorney General of Ontario, the Honourable Mr. Doug Downey, and the Chief of Police for the Ontario Provincial Police to ensure the safety and independence of criminal defence lawyers, to address these serious allegations, and to take every necessary measure to uphold the integrity of the criminal justice system.

It is impossible to overstate the important role defence counsel play in our criminal justice system, and our democracy as a whole. Defence counsel are integral to a fair, democratic, and balanced process. Our work safeguards the Charter rights of all Canadians by holding the state to account for their own bad actors and breaches of our clients’ rights. When state actors know they will be scrutinized and held accountable, everyone benefits.

It is our job to try and even the playing field for often vulnerable people up against institutional giants like police and Crown Attorneys. When we challenge criminal allegations made by the state, and hold the Crown to their onus of proving offences beyond a reasonable doubt, we protect every member of the justice system. Our work to bring other information, evidence, and witnesses — sometimes completely overlooked or simply not uncovered by police during their initial investigation – to light is how the adversarial system works. Our contribution and vigorous participation ensure that decisions are made based on all the relevant evidence that has been thoroughly tested. This is all part of our proper role – indeed our professional obligation – as fearless and zealous advocates for our clients.

Every accused person has the unassailable right to make full answer and defence to charges against them. That requires defence counsel to be able to investigate alternative theories and evidence, free from intimidation. It is disturbing in the extreme to contemplate state actors exceeding their authority to further increase existing power imbalances against accused persons, by attacking their defence lawyers. All justice system participants must guard against, avoid, prevent and stamp out such conduct whenever and wherever it may occur. The ultimate responsibility for safeguarding the integrity of the administration of justice, however, lies in Ontario with the Attorney General, who must therefore address the issues raised in this case immediately.

Women In Canadian Criminal Defence

1100 — 55 University

Toronto, Ontario

M5J 2H7

wiccd.womendefencelawyerscanada@gmail.com

Unknown's avatar

About Anita Szigeti

• Called to the Bar (1992) • U of T Law grad (1990) • Sole practitioner (33 years) • Partner in small law firm (Hiltz Szigeti) 2002 - 2013 • Mom to two astonishing kids, Scarlett (20+) and Sebastian (20-) • (Founding) Chair of Mental Health Legal Committee for ten years (1997 to 2007) * Founding President of Law and Mental Disorder Association - LAMDA since 2017 * Founder and Secretary to Women in Canadian Criminal Defence - WiCCD - since 2022 • Counsel to clients with serious mental health issues before administrative tribunals and on appeals • Former Chair, current member of LAO’s mental health law advisory committee • Educator, lecturer, widely published author (including 5 text books on consent and capacity law, Canadian civil mental health law, the criminal law of mental disorder, a law school casebook and a massive Anthology on all things mental health and the law) • Thirty+ years’ experience as counsel to almost exclusively legally aided clients • Frequently appointed amicus curiae • Fearless advocate • Not entirely humourless
This entry was posted in Uncategorized. Bookmark the permalink.

Leave a comment